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Home My WebLink About1998 Ordinance No. 001,, l t • • ORDINANCE NO . L SERIES OF 1997/1998 BY AUTHORITY COUNCIL BILL NO. 102 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO, AND THE REGIONAL TRANSPORTATION DISTRICT (RTD) TO ENCLOSE CITY DITCH AT THE MINERAL A VENUE PARK-N-RIDE WEST OF SANTA FE DRIVE. WHEREAS , Englewood Water and Sewer Board recommended Council approval of the proposed right-of-way agreement with RTD to allow RTD to enclose the City Ditch in 208 linear feet of 60" RCP and enclose 692 linear feet in 54" RCP for that portion of the Cit y Ditch located north of Mineral Ave. and west of Santa Fe Drive; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The attached License Agreement between the City of Englewood, Colorado, and Regional Transportation District for RTD's enclosure of a portion of City Ditch at the Mineral Ave . Park-N-Ride just north of Mineral Ave . and west of Santa Fe Drive, attached hereto as "Exhibit 1," is hereby a pproved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the License Agreement for and on behalf of the City of Englewood, Colorado . Introduced, read in full , and passed on first reading on the 15th day of December, 1997 . Published as a Bill for an Ordinance on the 19th day of December 1997. Read by title and passed on final reading on the 5th day of January, 1998. Published by title as Ordinance No . L , Series of 1997/1998, on the 9th day of January, 1998 . -1- I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a true copy 9f the Ordinance passed on final reading and published by title as Ordinance No . ...L_, Series of 997/1998 . Loucrishia A. Ellis -2- .... • • ,. .. • LICENSE AGREEMENT TIIlS LICENSE AGREEMENT, made this __ day of , 1997, between CITY OF ENGLEWOOD , a municipal corporation of the State of Colorado , herein referred to as' "City", and THE REGIONAL TRANSPORTATION DISTRICT CRTD), a political subdivision of the State of Colorado, herein referred to as "Licensee". WHEREAS, the City of Englewood and the Regional Transportation District agree to enclose the City Ditch north of Mineral Avenue under the following terms and conditions: WITNESS ETH: 1. The City, without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successors or assigns, to enclose the City Ditch in approximately 208 linear feet of 60-inch diameter reinforced concrete pipe CRCP ) and 692 linear feet of 54-inch diameter RCP . Construction will include connection to the existing 60-inch City Ditch pipe north of Mineral Avenue, four manholes , and a riprap protected outfall to the existing open channel, all as part of RTD's Line Segment 2 Contract within the proposed Mineral Park-n-Ride and shown on Attachment A. The work contemplated shall be done only during the periods from this date through March 31, 1998 and from November 1, 1998 through March 31 , 1999 and shall be completed prior to the resumption of water flows in City Ditch on April 1, 1999. In no event shall the construction impede the working of the City Ditch during flow season, April 1, 1998 through October 31 , 1998. The City requires a continual water flow of 40 cfs during this period. 2. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 3. Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs to, Licensee's enclosure of the City Ditch so that the City may, in its discretion, inspect such operations. 4. By April 1, 1999 construction of said City Ditch enclosure shall be completed by the Licensee, who shall clear the crossing area of all construction debris and restore the area to its previous condition as nearly as may be reasonable. Should the Licensee impede the City's use of the City Ditch during the Flow season, April 1, 1998 through October 31, 1998 or after April 1, 1999, the City shall have the right to take any action necessary to allow the water to flow as required by the City. Any expenses incurred by this action, which are in excess of the normal expenses for opening the City Ditch, will be paid by the Licensee . x H I B I T 1 5. The City shall have the right to maintain, install, repair, remove or relocate the City Ditch and its appurtenances within the City Ditch right-of-way, as shown on Attachment B, at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all easements and installations across, over, or under the City Ditch. The parties acknowledge that this License is to effectuate the provision of services necessary and beneficial to the public. The parties will make every effort to effect repairs, maintenance, or modification of the property of Licensor or Licensee without affecting the provision of services to the public. Any disruption or halt of services provided by Licensor or Licensee shall occur only in the event of an emergency constituting a threat to public health and safety. 6. The stipulation and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants , recorded or unrecorded, and it shall be the Licensee 's sole responsibility to determine the existence of said documents or conflicting uses or installations. 8. The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful , usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters , or of surface waters in the City Ditch. 9. All trenches or holes within the City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose measure to a compaction of ninety per cent (90 %) Standard Proctor Maximum Density. 10. Licensee, by acceptance of this license, expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this license. The Licensee assumes all responsibility for maintenance of the installation, except for the removal of sediment and debris transported by waters within the enclosure, or damage to the pipe interior caused by water-borne debris. 11. Subject to C.R.S. 24-10-101, et seq. the Licensee shall indemnify and save harmless the City, its officers and employees , against any and all claims, damages , actions or causes of action and expenses to which it or they may be subjected by reason of said enclosing of the City Ditch being within, across and under the premises of the City or by reason of any work done or omission made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repair of said installation. 12. It is expressly agreed that in case of Licensee's breach of any of the within promises, the City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. -2 - . .. . • • ..... • • 13. The City shall have the right to maintain, install, repair, remove or relocate the City Ditch and its appurtenances within the City Ditch right-of-way, shown on Attachment B, at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all easements and installations over, across or under City Ditch. In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under the control of the City consistent with RTD's ownership in the property and the City's interest in the City Ditch. IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. City of Englewood ATTEST : Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk The undersigned authorized officer of The Regional Transportation District has read the foregoing License and agrees for and in behalf of said Regional Transportation District that it will accept and will abide by all the terms and conditions thereof. Approved as to legal form ~ Transportation D" L ~ella, General Manager L. Lien, Legal Counsel ~ -3- Af: ..,>·· C:JoU uf •rtJY~flflC.UIO• ~BC<b~°' -·1987 ~AU l ·•Ol-U Uf'I .... _, .. , .............. _\ !IC&Utl ......... ·-···· --· .............. '~ 53a5 53ao ·-=~l!.~', 5375 ~ G 5370 'ji{ ·----------- 0 <00 8 REP--t=a;-++-1 --..._ " -,_ ~~ STA 9+00 N 16J7610.4HO. E 31)4 671.'31:! ~o CITT OITCM ?!PINC 5•" •c ST A IJ•20 lil.t.TCH EXIST. FLOWL I"' ~ !NV 5376.9 ! SEE OETAll BELOW . ,-' EXISTI NG -~~rWLINE DITCH TR AN SITION 1. 5. 9"' RIPRAP 26 CT SJBO 5375 5370 i;;;:;~==========t-"i..JW:J ---""------- 6<00 ..,. 1 itc vis iCM 1 '" 1 ouc 11ocs1cN£0 1u : "·'·L· 1J.1.rc : 1-11.-,r 1cHEuco "": r~ o.1.ic : "''1'"'1 ........ 11'110 c ~uucr HO . JH.11-1JJ 11 I rE>fin"'' -~~ /I LI NE SEGMENT 2 ]!~(":.. MINERAL PnR CITY DITCH r-11''"" '"LU. °'"' HD-1'. ,., ..... ,' "-----, :-~;:'.~~ :'';.~ '""''~I 1 1~11.!dJ ~ ... ~, l-t -------'---r--, _ __, o •O 10 11 ,,.,ICIMl r~11 10111 SfllCT -A 111 I ~ UTILITY !SHEET : ; ;I ·~ = ''°' uni 'flU' • uo _.-~ -__,. 0 -~ [ ; """' ,. "" , :-=·~:--~~ 54"/60" RCP PLAN & PROF ILE ~-~ . I l SSl1D Felt 3 10S 10/l/5 _ . JO stP 11 1 •:~1 :J1 s-'••r1'J 7u,-tJ7,t1oo -u1 \1 .. ui:oo2.:.o ATTACHMENT A e • ! .• ·' • PARCEL NO. SWUE-25 LEGAL DESCRIPTION 11 portion of a parcel of land as described in Book 4574 Page 11 and a portion of a parcel of land as described in Bo9k 120 Page 25, said legal description contai ns 0.5295 acres, more or less, and is situated in the southwest 1/4 of the southeast 1/4 of Section 29 and the southeast 1/4 of the southwest 1/4 of Section 29 and the northeast 1/1 of the northwest 1/4 of section 32, all within Township 5 South, Range 60 West of the Sixth Principal Meridian, city of Littleton, County of Arapahoe, State of Colorado, a continuous legal description, 25 feet in width, 1 2 . 50 feet on each side of the following described center line, t he side lines of said 25 foot legal description to be extended or shortened to mee t at angle points, also to begin and terminate at points on the boundary line of said parcels of land, said legal description being more particularly described as follows: Commenci ng at t he North 1/1 con1er of said section 32, from which the northwest corner of said section 32 bears S 09° 29' 41" W, a distance of 2,626.32 feet, thence S 53° OB' 41" W, a distance of 493 .89 feet to a point on the southerly line of the parcel of land as described in said Book 120 Page 25, said point also being 011 the 11ortherly right -of -way line of West Mi11eral Avenue as described in Book 5193 Page 295, said point also being the true POINT OF BEGINNING ; 1. Thence departing said southerly parcel line, ti 41° 10' 23" E, a distance of 230.26 feet; 2 . Thence N 360 41' 39" E, a distan ce of 321.55 feet; 3 . Thence N 45° 51' 42 11 E, a distance of 190.50 feet; 4' Thence N JOO 28' 29" E, a distance of 180 .27 feet with the center and sidelines of said legal description terminating at points on the northerly line of the parcel of la11d as described i II said Book 4 574 Page 11. The al:love described parcel contains 23,065 square feet, 0 .5295 acres, more or less. (Depicted on Ex hi bit J\, at tachedJ BASIS OF BEARINGS: Bearings are based upon the North line of the Northwest 1/4 of Section 32, Township 5 Soutl1, Range 68 West of the Sixth Principal Meridian. Said line is monumented on the North 1/4 corner by a 2 -1/2" aluminum cap in range box, and on the Nort hwest corner by 3-1/4" aluminum cap "COOT" PLS 25384 and bears N 09° 29 ' 41" E as based upon the Improvement Survey Plat prepared by Benchmark Surveying, LTD. Said basis was requested by clie11t and any record information containing bearing directions was rotated accordingly. I hereby certify that the previously described legal description has been prepared under my direct supervision and checking . l\s directed by the Regional Transportation District, the aliquot corners and the Basis of Bearing used in th is description were derived from the unrecorded Improvement Survey Plats, dated 02-15-95, constructed and certified by Benchmark Surve ying Inc ., to the Denver and Rio Grande Western Railroad and to The Regional Transportation District and to the Atchison , Topeka and Santa Fe Railroad. Daniel P. Wilmeth, P .L .S . For and on behalf of J.F . Sato & Associates 5898 S. Rapp St. Littleton, CO . 80120 ATTACHMENT B Page 1 of 2 ~-.~--:-. .... ,_-. ·• .., .,_. ·:::, ... .. r.:_-::"':':i.. ~ ... , . :1., .,/' -.. ; - .-.:: J.F. SATO AND ASSOCIATES Consullin9 Engineers Projecl Uonoqers l Planners ~891 5o . Ropp 51. • lllll1lon, CO 80110 • (303) 717-1100 EXHIBIT A NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY . IT IS INTENDED ONLY TO DEPICT THE ATIACHED DESCRIPTION . 0 JOB . NO . JF9701 I DESC . SWUE -25 DAI [: 9 -2 9 -9 7 BY ___,_,R,.,LS,___ SCALE : 1·~ 100' CHECKED DPW SllEET ___.2.___ or _2..__ __ NOIES : - 100 200 JOO --. --------- SE1/.4, SW1/4 SEC 29 T5S, R68W 811' 211' 41 "E BASIS Of BEAAIHG NW COR SEC. 32 T5S, R&eW. 81~ P.11. rouHO l-114· u.u11 C>I' COOT M 253114 NE1/4, NW1/4 SEC 32 T5S, R68W 28211 .32' SCALE IN FEET BK . 4!174 PO . I I SW1/4, SE1/4 SEC 29 T5S, R6BW ATTACHMENT B Page 2 of 2 . ' '· • • • •' COUNCIL COMMUNICATION Date Agenda Item Subject Mineral Park-N-Ride Right-of- December 15, 1997 10 a ii Way Agreement Initiated By Staff Source Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their October 14, 1997 meeting, recommended Council approval of the proposed Right-of-Way Ag reement with RTD for the Mineral Avenue Park-N-Ride. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed Right of-Way Agreement would allow RTD to encase 900' of 54" concrete pipe for the RTD Park-N-Ride located at Mineral Avenue and S. Santa Fe Dr. Precast tee manholes will be constructed for cleanout purposes. In piping the City Ditch at this location, it enables RTD to use the site more efficiently for additional parking. The pipe installation is for a section of the City Ditch located north of Mineral and west of Santa Fe Dr. The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point or points where the Licensee performs any work in connection with the crossing provided by the Licensee. The City reserves the right to make full use of the property necessary in the operation of the City. The City retains all rights to operate , maintain, install, repair, remove or relocated any of its' facilities located within the City's right-of-way. By April 1, 1999 construction of said City Ditch enclosure shall be completed by the Licensee, who shall clear the crossing of all construction debris and restore the area to its previous condition as nearly as may be reasonable. Should the Licensee impede the C ity's use of the City Ditch during the Flow season, April 1, 1998 through October 31 , 1998 or after April 1, 1999, the City shall have the right to take any action necessary to allow the water to flow as required by the City. Any expenses incurred by this action, which are in excess of the normal expenses for opening the City Ditch, will be paid by the Licensee. FINANCIAL IMPACT None . LIST OF ATTACHMENTS Proposed Bill for Ordinance Right-of-Way Agreement between the City of Englewood and RTD Mineral Park-N-Ride Plan & Profile